By the District Director, Tampa Office, South Central Region, Enforcement Bureau:
1.
This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission’s rules (Rules)1 to Daytona State College, owner of antenna structure number 1030556, in DeBary, Florida. Pursuant to Section 1.89(a) of the Rules, issuance of this NOV does not preclude the Enforcement Bureau from further action if warranted, including issuing a Notice of Apparent Liability for Forfeiture for the violation(s) noted herein.2
2.
On January 16, 2013, agents of the Commission’s Tampa Office inspected
antenna structure number 1030556, located in DeBary, Florida and observed the following violation(s):
a.
47 C.F.R. § 17.4(g): “The Antenna Structure Registration Number must be displayed in a conspicuous place so that it is readily visible near the base of the antenna structure. Material used to display the Antenna Structure Registration Number must be weather resistant and of sufficient size to be easily seen at the base of the antenna structure.” The Antenna Structure Registration Number was not posted.
b.
47 C.F.R.§17.47(a): “The owner of any antenna structure which is registered with the Commission and has been assigned lighting specifications referenced in this part: (a)(1) Shall make an observation of the antenna structure’s lights at least once each 24 hours either visually or by observing an automatic properly maintained indicator designed to register any failure of such lights, to insure that all such lights are functioning properly as required; or alternatively, (2) Shall provide and properly maintain an automatic alarm system designed to detect any failure of such lights and to provide indication of such failure to the owner.” At the time of the

1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).

Federal Communications Commission

inspection, Daytona State College’s representative told the agents that the lights on antenna structure number 1030556 were not visually monitored and that there was no automatic alarm system.
c.
47 C.F.R. § 17.57: “The owner must also immediately notify the Commission using FCC Form 854 upon any change in structure height or change in ownership information.” Although Daytona Beach Community College changed its name to Daytona State College, the Commission’s Antenna Structure Registration database listed Daytona Beach Community College as antenna structure number 1030556’s current owner. Moreover, the contact name and number in the database was outdated.
3.
Pursuant to Section 403 of the Communications Act of 1934, as amended,3 and
Section 1.89 of the Rules, we seek additional information concerning the violations and any remedial actions taken. Therefore Daytona State College must submit a written statement concerning this matter within twenty (20) days of release of this Notice. The response (i) must fully explain each violation, including all relevant surrounding facts and circumstances, (ii) must contain a statement of the specific action(s) taken to correct each violation and preclude recurrence, and (iii) must include a time line for completion of any pending corrective action(s). The response must be complete in itself and must not be abbreviated by reference to other communications or answers to other notices.4
4.
In accordance with Section 1.16 of the Rules, we direct Daytona State College to
support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Daytona State College, with personal knowledge of the representations provided in Daytona State College’s response, verifying the truth and accuracy of the information therein,5 and confirming that all of the information requested by this Notice which is in the licensee’s possession, custody, control, or knowledge has been produced. To knowingly and willfully make any false statement or conceal any material fact in reply to this Notice is punishable by fine or imprisonment under Title 18 of the U.S. Code.6
5.
All replies and documentation sent in response to this Notice should be marked
with the File No. and NOV No. specified above, and mailed to the following address:

3 47 U.S.C. § 403.
4 47 C.F.R. § 1.89(c).5 Section 1.16 of the Rules provides that “[a]ny document to be filed with the Federal Communications Commission and which is required by any law, rule or other regulation of the United States to be supported, evidenced, established or proved by a written sworn declaration, verification, certificate, statement, oath or affidavit by the person making the same, may be supported, evidenced, established or proved by the unsworn declaration, certification, verification, or statement in writing of such person . . . . Such declaration shall be subscribed by the declarant as true under penalty of perjury, and dated, in substantially the following form . . . : ‘I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)’.” 47 C.F.R. § 1.16.
6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
2

Federal Communications Commission

Federal Communications CommissionTampa Office4010 W. Boy Scout Blvd., Suite 425Tampa, Florida, 33607
6.
This Notice shall be sent Daytona State College at its address of record.
7.
The Privacy Act of 19747 requires that we advise you that the Commission will
use all relevant material information before it, including any information disclosed in your reply, to determine what, if any, enforcement action is required to ensure compliance.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. BarlowDistrict DirectorTampa District OfficeSouth Central Region

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